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2329ORDINANCE NO. 2329 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AUTHORIZING THE SALE OF THE BLAIR PUBLIC LIBRARY ON LOTS 9-15, BLOCK 57, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA; SOLD COLLECTIVELY FOR THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00); PROVIDING FOR NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE (3) CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH THE BUYER, VCC PROPERTIES, LLC, AND TO MAKE ALL NOTIFICATIONS REQUIRED UNDER NEB. REV. STAT. §16-202, INCLUDING NOTIFICATION OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute and deliver a Purchase Agreement by and between the City of Blair, Nebraska, and VCC Properties, LLC, whereby the City agrees to sell the real estate described hereinabove for the sum of three hundred fifty thousand ($350,000.00) and pursuant to the terms and provisions of the Purchase Agreements attached hereto and marked Exhibit "A". SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska hereby authorized and directed to make all notifications required under Neb. Rev. Stat. § 16-202, et.seq., including but not limited to notice of the sale and the terms thereof, and, after the required remonstrance period has lapsed and City has not received a remonstrance against such sale signed by registered voters of the City equal in number to Thirty Percent (30%) of the registered voters of the voters voting at the last regular municipal election held therein, then, the Mayor and City Clerk are authorized to execute and deliver any and all documents, deeds or other instruments necessary to effectuate such conveyance of real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 14th day of February, 2017. CITY OF BLAIR, NEBRASKA (�-� a�-� � 4 "1 JAKk E. REALPH, MAYO ATTEST: &4'LA L'�. hJ�� BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14th day of February, 2017. &4.� e- t'j (4"� - BRENDA R. WHEELER, CITY CLERK PURCHASE AGREEMENT— REAL ESTATE A(Ao-\ Fatmuar-y , 2017 This Purchase Agreement made and entered into by and between City of Blair, Nebraska hereinafter referred to as "Seller", and the VCC Properties, LLC, hereinafter referred to as "Buyer". Now, therefore, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties hereby agree as follows: 1. Sale. The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the price and on the terms hereinafter set forth, the following described property, including but limited to all fixtures, improvements, structures, buildings, etc., located thereon and legally described as follows: (a) Legal Description of Real Estate Lots 9-15 Block 57, City of Blair, Washington County, Nebraska. 2. Purchase Price and Terms of Payment. The purchase price for the aforesaid real and personal property being purchased by the Buyer is in the sum of an amount equal to the sum of three hundred fifty thousand ($350,000.00) by cashier's check or other certified funds. A $25,000 down payment of cash or certified funds is required upon execution of this agreement, which shall be credited toward the purchase price at closing. 3. Closing Date. The closing date for the transaction shall be on or before May 12, 2017. Closing shall occur at the office of the City Clerk for the City of Blair, Nebraska. 4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract of title. Seller shall provide Buyer with a commitment for title insurance, showing good and marketable title in Seller, and the policy of title insurance shall be issued by said title insurance company on its standard form, with such printed exceptions as appear on the form and any further exceptions and encumbrances as are acceptable to Buyer. Written notice of any such defects, including any easements, restrictions or other matters affecting title to the property contained in the updated commitment that is unacceptable to Buyer or its counsel shall be delivered to Sellers within Fourteen (14) days of receipt of the commitment of title insurance. Seller has no obligation to cure any defects. If Seller is unable or unwilling to cure such defects to the reasonable satisfaction of Buyer within a reasonable time thereafter, and if said defects are not so cured within a reasonable amount of time, then either party may terminate this Agreement. Buyer agrees to pay the total cost of the title insurance premium. 5. Warranty Deed. Upon payment by the Buyer to Seller of the purchase price of the real estate purchased, Seller shall cause to be conveyed to Buyer marketable fee simple title in and to said real estate described hereinabove, b), proper Warranty Deed, subject to the following: (a) General Real Estate Taxes. Real estate taxes due and payable as provided in Paragraph 6 of this Purchase Agreement. 6. General Real Estate Taxes. Real estate taxes for 2016 and all prior years shall be paid by Seller. Real estate taxes for 2017 shall be prorated to the date of possession. (Basis for the proration shall be the most recent real estate tax statement.) The Buyers shall pay all general real estate taxes from the closing date, and all subsequent taxes. The Seller shall pay all real estate taxes, if any, owing for prior calendar years. 7. Possession. Seller's tenant shall have exclusive possession of the property until date of closing. Any risk of loss to the property shall be borne by Seller's tenant until title has been conveyed to Buyer. In the event prior to closing the structures on said real estate are materially damaged by fire, explosion or any other cause, Buyer shall have the right to rescind this Agreement. Buyer shall assume all risk of loss from and after date of closing. 8. Specific Performance. It is understood and agreed that both parties retain their right to bring action for a specific performance of the terms of this Agreement in the event the other party is in default in carrying out their obligations under this Agreement. 9. Time is of the Essence. Time shall be of the essence in this Agreement for all times (dates) specified hereinabove both before and after the closing date. 10. Conveyance of Title. It is understood and agreed that this Agreement shall in no manner be construed to convey title to said property or to give any right to take possession thereof. 11. Other Terms of Agreement. (a) Seller shall pay all documentary stamps as a result of the sale, if any (b) This Agreement contains the entire understanding among the parties and supercedes any prior understanding among the parties and agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings oral or written between or among the parties hereto relating to the subject matter of this agreement which are not fully expressed herein. James Realph, Mayor ATTEST: V' YCY ('L. #��J.-ri l Brenda Wheeler, City Clerk STATE OF NEBRASKA ) ): ss: COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me on ,�lt�-► 2017, by James Realph, Mayor. ELGEN7ERALOTARY State of NebraskaNDA R WHEELERm. Exp. June 20, 2020 Buyer STATE OF NEBRASKA ) ): ss: COUNTY OF WASHINGTON ) Notary Public Buyer The foregoing instrument was acluiowledged before me on wt �2017, by GENERAL NOTARY -State of Nebraska Notary Public II BRENDA R WHEELER My Comm. Exp. June 20, 2020